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Date: Sun, 01/10/2010 - 06:34

Submitted by staciescool2
on Sun, 01/10/2010 - 06:34

Posts: 4 Credits: [Donate]

Total Replies: 9


I have been reading this forum for quite some time..... here is my current situation, I have sent the c&d letter to all companies some have cooperated some havent replied. There is one I am stumped on and would like some advice.
Lakota cash sent me this letter as well as sending a wage garnishment letter to my employer stating that since they were on an indian reservation they did not have to follow state laws only federal. They also stated that since they were a sovereign nation they did not have to get a court order to garnish my wages.....any one know anything about this????


December 30, 2009
Dear Ms. Stacie ,
We are in receipt of your response regarding your email. As clearly indicated in its
website disclaimers and the loan documents executed by you, Lakota Cash, LLC is a wholly
Native American owned limited liability company. Our website clearly identifies its location
within the exterior boundaries of the Cheyenne River Indian Reservation, a sovereign Native
American Nation. As such, Lakota Cash, LLC conducts it business under Federal law and the
laws of the Cheyenne River Sioux Tribe. It is exempt from state regulation due to its Native
American status. Pursuant to Federal Law, Lakota Cash, LLC is a completely lawful enterprise
in any area.
You agreed to be bound solely by the laws of the Cheyenne River Sioux Tribe and the
jurisdiction of its Courts, to the exclusion of all others. In addition, you agreed to comply with
all terms and conditions of the Loan Agreement upon execution and return to our office located
on the Reservation. Lakota Cash, LLC relied upon your representations in good faith and
approved your loan based upon such representations. Lakota Cash, LLC loaned you the money
in good faith that you would repay the note as promised. Lakota Cash, LLC is fully within its
legal rights to require repayment as originally agreed.
Cordially,
Jada K.
Lakota Cash Customer Service Supervisor


It's all BS!! Your state law prevails, period! Send them a wage assignment revocation, that is the federal law, which states that you can revoke any wage assignment at any time and they must abide by it, and your emplyer as well. A sample is below. Until then, reply to them like this:
Please note I am not a resident of the Cheyenne River Indian Reservation, have never prescribed to be a resident of the Cheyenne River Indian Reservation and have no Cheyenne River Indian Reservation presence, as such am not subject to the Cheyenne River Indian Reservation laws you detail. MY state law prevails.

[QUOTE]
The date
Your name and address
The name and address of the creditor
Your account number with the creditor

Dear Sir or Madam,

I hereby revoke your right to use any wage assignment I may or may not have signed with you. You no longer have my permission to use this wage assignment, which is a federal law. If you fail to abide by my wishes, there will be consequences to your actions as I am sure you are aware. I have sent a copy of this to my employer, therefore any wage assignment made by your company will be denied.

Sincerely,
Your signature
[/QUOTE]


lrhall41

Submitted by Shazzers on Sun, 01/10/2010 - 07:26

( Posts: 17344 | Credits: )


Quote:

Originally Posted by Anonymous
I am hoping that you at least paid them what you owed them.


what are you driving at?an illegal lender is only entitled to what they lent the person.no fees,nothing.we advocate paying back the principle.alot of us overpaid these loans.again what do you mean by paid them what they owed.if the illegal marked it paid in full then i'm gonna guess they did.you should not be so snide.i'm elated for the OP.


lrhall41

Submitted by paulmergel on Tue, 06/08/2010 - 07:30

( Posts: 15514 | Credits: )